Harassment - GBA/JBA POLICY: GBA/JBA FIRST READING: 2/27/01 ADOPTED: 3/13/01 READOPTED: 9/6/05 Policy against Harassment
Including Harassment Based Upon Sex, Race, Color, National Origin, Sexual Orientation, Religion, Age and/or Handicap
I. POLICY PREAMBLE
The Manchester Essex Regional School District is committed to the prevention of harassment based upon sex, race, color, national origin, religion, age, handicap and/or disability and sexual orientation. This policy has been developed to ensure that the educational opportunities of all students, and the employment conditions of all employees, are not threatened or limited by such harassment. This policy defines prohibited conduct, the personal responsibilities of all students, employees, and agents of the School District to ensure prohibited conduct does not occur, a referral procedure for reporting violations of this policy, and defined disciplinary procedures if violations of this policy have been substantiated.
II. HARASSMENT/PROHIBITED CONDUCT DEFINED
A. Prohibited Conduct includes, but is not limited to the following conduct when related to a person's sex (gender), race, color, national origin, religion, age, handicap and/or disability and sexua1 orientation and when such conduct is unwelcome by the recipient:
1. name calling, teasing, jokes, rumors, or other derogatory or dehumanizing remarks 2. pulling at clothing and other possessions 3. graffiti 4. notes or cartoons 5. unwelcome touching of a person or clothing 6. offensive or graphic posters, pictures, or book covers 7. any words or actions that provoke feelings of discomfort, embarrassment or hurt
Prohibited Conduct: slurs, swastikas, and related types of verbal harassment can be instances of a hate crime and can be pursued in the legal system as a civil rights violation. Hate crimes will be reported to appropriate law enforcement agencies for anti-bias criminal investigations.
The foregoing list was provided to give some concrete examples of conduct that constitutes harassment. However, all members of the Manchester community must assess their conduct in light of the following definitions of the various forms of harassment. Thus, if certain conduct is not listed in the foregoing list, but does fall into one of the following definitions of harassment, then the conduct is harassment and is prohibited conduct.
B. Sexual Harassment/Gender Harassment consists of unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact or other verbal or physical conduct or communication of a sexual nature when:
1. submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining an education, or obtaining or retaining employment;
2. submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting the individual's education or employment;
3. that conduct or communication has the purpose or effect of substantially or unreasonably interfering with an individual's education or employment, or creating an intimidating, hostile or offensive educational or work environment;
4. that conduct adversely affects an individual's academic or employment opportunities.
Sexual Harassment includes but is not limited to:
1. unwelcome verbal harassment or abuse;
2. unwelcome pressure for sexual activity;
3. unwelcome sexually motivated or inappropriate touching, patting, pinching, or other sexual contact other than reasonable and necessary restraints of students by teachers, administrators, or other school personnel to avoid physical harm to persons or property;
4. unwelcome sexual behavior or words, including demands for sexual favors, accompanied by implied or overt threats concerning an individual's educational or employment status;
5. unwelcome sexual behavior or words, including demands for sexual favors, accompanied by implied or overt promises of preferential treatment with regard to an individual's educational or employment status;
6. unwelcome behavior or words directed at an individual because of gender;
7. sexual epithets, jokes, written or oral reference to sexual conduct, gossip regarding one's sex life; comment on an individual's body, comment about an individual's sexual activity, deficiencies, or prowess;
8. displaying sexually suggestive objects, pictures, cartoons;
9. inquiries into one's sexual experiences; 10. discussion of one's sexual activities.
Sexual harassment can include prohibited conduct as defined above that occurs between members of the same or opposite sex.
Sexual harassment in the workplace and retaliation again an individual for filing or cooperating in an investigation of a complaint is unlawful.
C. Harassment based upon race, color, national origin, religion, age, handicap and/or disability, or sexual orientation consists of conduct that:
1. has the purpose or effect of creating an intimidating, hostile or offensive academic or work environment;
2. has the purpose or effect of substantially or unreasonably interfering with an individual's academic or work performance;
3. otherwise adversely affects an individual's academic or employment opportunities.
III. RESPONSIBILITIES
A. Individual: All students, teachers, administrators and other school personnel of the Manchester School District are responsible for creating an environment that is free of harassment and other offensive behaviors, and for conducting themselves in a manner consistent with the spirit and intent of this policy.
B. Principals: Principals are responsible to ensure that this policy is conspicuously posted in each classroom, school office, and other appropriate student/employee work areas, and that it is printed in each school's student handbook. The posting shall include the name, mailing address, and telephone number of each school's harassment contact, as well as the name, address, and telephone number of the District Human Rights Officer.
C. Superintendent: The superintendent is responsible for the dissemination of this policy and training. The superintendent will:
1. develop a method of discussing this policy with students and employees.
2. provide appropriate training to administrators and others who are assigned the responsibility to implement the procedures of this policy.
3. See that this policy is reviewed at least annually for compliance with state and federal law.
IV. REPORTING PROCEDURES
Any person who believes s/he has been the victim of harassment by a student or employee of the Manchester Essex Regional School District or any third person with knowledge or belief of conduct which may constitute harassment should report the alleged acts immediately to the appropriate school official as designated in this policy. The reporting party or the complainant is encouraged to use the report form (see attachment I) available from each Principal of each school or available from the School District's Central Office, but oral reports will be considered complaints as well. Nothing in this policy shall prevent any person from reporting alleged prohibited conduct to a different administrator than the administrator designated, or in the case of a student, to a district employee. In each school building the principal is the person responsible for receiving oral or written reports of harassment.
District-wide the School Committee hereby designates the Director of Curriculum as the District Human Rights Officer to receive complaints or reports of harassment from any individual, employee or victim of harassment and also from principals as outlined above.
V. COMPLAINT INVESTIGATION PROCEDURES
Upon receipt of a report or complaint of alleged prohibited conduct, the responsible administrator shall initiate a timely investigation of the complaint.
The investigation may consist of personal interviews with the complainant(s), the individual(s) against whom the complaint is filed, and others that may have knowledge of the alleged incident(s) or circumstances giving rise to the complaint. The investigation may also consist of any other methods and documents deemed pertinent by the investigator.
In determining whether "alleged conduct" constitutes a violation of this policy, the investigator shall consider the surrounding circumstances: the nature of the behavior, past incidences or continuing patterns of behavior, the relationship between the parties involved and the context in which the alleged incidents occurred. Whether a particular action or incident constitutes a violation of this policy requires a determination based on all facts and surrounding circumstances. In instances of confirmed harassment, parents of all individuals involved will be notified. The investigation will be completed as soon as practicable and the building contact person will file a written report with the Director of Curriculum. The report will include a determination of whether the allegations have been substantiated as factual and whether they appear to be violations of this policy. The complainant will be informed in writing as to whether or not the allegation of harassment was substantiated.
During the entire process of reporting, investigation, and corrective action (if applicable), confidentiality will be maintained to every extent possible.
VI. CORRECTIVE ACTION:
Upon completion of an investigation and substantiation of the complaint, the School District will take appropriate corrective action. Such action may include, but is not limited to, an apology, direction to stop the offensive behavior, counseling or training, warning, suspension, exclusion, expulsion, transfer, termination or discharge. School District action taken for violation of this policy will be consistent with requirements of applicable collective bargaining agreements, Massachusetts and federal laws and School District policies.
At the close of an investigation, the complainant will be informed in writing that the alleged harassment was substantiated or not substantiated. In accordance with state and federal law regarding data or records privacy, the complainant will also be informed that appropriate corrective action has been taken.
In the case of substantiated harassment by an employee, the Superintendent will include a written statement of the findings, the corrective action taken, and the consequences of continued harassment, in the individual's personnel file with a copy to place in a file kept in the Central Office for a period of 60 years.
In the case of substantiated harassment by a student, the principal will include a written statement, as above, in the student's discipline file.
VII. REPRISAL
The School District will discipline or take appropriate action against any student, teacher, administrator, or school employee who retaliates against any person who reports an alleged violation of this policy or any person who testifies, assists, or participates in an investigation, or who testifies, assists, or participates in a proceeding or hearing relating to such harassment. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment.
VIII. RIGHT TO ALTERNATIVE COMPLAINT PROCEDURES
These procedures do not deny the right of any individual to pursue other avenues of recourse that may include:
A. filing charges with the Massachusetts Department of Education, Massachusetts Commission Against Discrimination, Equal Employment Opportunity Commission, and the Office of Civil Rights of the U.S. Department of Education; Office of the District Attorney for the Eastern District.
B. initiating civil action or seeking redress under criminal statutes and/or federal law.
IX. HARASSMENT AS CHILD ABUSE
Under certain circumstances, alleged harassment may also constitute abuse or neglect under G.L. c. 119 51A. If so, State requirements for mandatory reporting must be followed.
X. LEGAL REFERENCES
Title VI and VII of the Civil Rights Act of 1964, Title IX of the 1972 Education Amendments to the Civil Rights Act, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination in Employment Act, the Americans with Disabilities Act, Chapter 622 of the Acts of 1971, G.L. c. 151B and G.L. 265 Section 37, G.L. 265 Section 39,G.L. 266 Section 98, G.L. 266 Section 126A, and G.L. 266 Section 126B
POLICY AGAINST HARASSMENT
Voluntary Report of Incident
Date of Complaint Report: __________________________________________________________
Time of Complaint Report: __________________________________________________________
Method of Report: _________________________________________________________________
Reported by: ______________________________Signature: _______________________
Reported to: _______________________________Signature: _______________________
Summary of Allegations: (please include time, date, location, witnesses and frequency, use back side of form if necessary) __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________
What was the effect? __________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________
How do you want the situation handled or resolved? _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________
What assistance can we provide? _________________________________________________________________________________ _________________________________________________________________________________
Form: Har1
POLICY AGAINST HARASSMENT
ACTIONS TAKEN SUBSEQUENT TO HARASSMENT COMPLAINT
Written By: _______________________________________________________________________
Signature: ________________________________________________________________________
Date: __________________________________________________________________________________
Copies to: ________________________________________________________________________
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Form: Har2
POLICY AGAINST HARASSMENT
Follow-up Steps to Voluntary Report Form
After a Voluntary Report Form (Har1) has been completed, the following steps are recommended:
1. Make an appointment to meet with the complainant to update him/her on what has happened and to check on the individual's well being (within 2 working days, if possible).
Date: ________________________________________________________________________
2. Explain what steps you will take next.
Steps: ________________________________________________________________________
3. Inform a back-up person (the other building representative) about the incident in case a related event occurs while you are out of the building
Back-up person: _______________________________________________________________
Note: Log a brief summary of the report in a file that is turned into the assistant superintendent at the end of each month.
Your signature: _______________________________________________________
Name of Complainant: _______________________________________________________
Date: _______________________________________________________
Form: Har3
POLICY AGAINST HARASSMENT
Required Follow-up Harassment
Date: ____________________________________________________________________________
Matter has been resolved and problem has not continued.
Matter has not been resolved and problem continues.
Comments:
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Your signature: _____________________________________________________________
Name of Complainant: _____________________________________________________________
Form: Har4 |
